Disposed

Assembly of God Church, v. The District Collector

Madras HC22 Jan 2020WP/9659/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a church seeking a direction to the District Collector to grant no-objection for construction and an extension of time under the Tamil Nadu Building Rules, 1977.

What did the court decide?

Direction to submit fresh representation; Respondent to examine issue afresh, hold personal hearing, and pass final orders by 31.03.2020.

Assembly of God Church, Vs The District Collector — Writ and Judicial Review | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.01.2020

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CORAM

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

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W.P. No.9659 of 2018 and W.M.P.No.1157 of 2018

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Assembly of God Church, Rep by its Power Agent A.Reginald Nelson, No.17, Kararaj Street, Thirupur District 641 654

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...Petitioner Vs 1.The District Collector, Thriurpur Distirct, Thirupur-641 654 2.Velayuthampalayam Gr.II Minicipality, Rep by its Chairman, Avinasi Taluk, Thirupur District 3.The Special Officer, Velayuthampalayam Gr.II Municipality Avinasi Taluk, Thirupur District. ... Respondents

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Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1^st respondent to consider the application of the petitioner dated 19.06.2009 and grant no objection to the petitioner constructing a Church in accordance with the Tamil Nadu Building Rules, 1977 over the petitioner's property comprised in premisses bearing S.F.No.133/2, Royankovil Stree,t Thirupur 641 654 and further direct the 2^nd respondent to extend the time period for construction of the same from the date of such noobjection.

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For Petitioner : M/s.Richardson Wilson For R1 : Mr.R.Govindasamy For R2 & R3 : Mr.Jayaprakash Narayanan

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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The Writ petition has been filed in the nature of Mandamus seeking a direction against 1^st respondent to consider the application of the petitioner dated 19.06.2009 and grant no objection to the petitioner in constructing a Church in accordance with the Tamil Nadu Building Rules, 1977 over the petitioner's property comprised in premisses bearing S.F.No.133/2, Royankovil Stree,t Thirupur 641 654 and further direct the 2^nd respondent to extend the time period for construction from the date of such no-objection.

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2.The petitioner claims that, Assembly of God Church is a religious institution registered under the Societies Registration Act 1860 and has Churches all over India. In the year 2007 through their Superintendent they had purchased the property vide Document No.13016 of 2007 registered on the file of the Sub Registrar, Avinasi. Thereafter, an application was submitted for grant of planning permission to construct a church. After consideration, the Municipality had granted planning permission vide PPA No.42/2007-2008, dated 31.03.2008. The prior approval of the District Collector had to be obtained for consructing a building for religious worship. It is stated that the 1^st respondent/District Collector had refused to grant approval on 05.07.2011. As against the said order, the petitioner had approached the said Minorities Commission by submitting an application/representation. The Commission by proceedings dated 27.03.2013 and 28.01.2014 had requested the 1^st respondent to be consider the issue. Thereafter, the Tahsildar by proceedings dated 01.05.2015 had stated that there cannot be any objection for construction of the Church. The petitioner had therefore, who had given a representation originally on 19.06.2009 now seek extension of time for construction by a further representation dated 03.11.2017.

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3.The learned counsel for the petitioner submitted that it would be suffice if a direction is issued to the 1^st respondent to consider and dispose of the representation dated 03.11.2017.

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In the result the Writ Petition is dipsosed of. The petitioner is directed to give a fresh copy of the representation directly to the 1^st respondent on or before 14.02.2020 and thereafter, the 1^st respondent, may examine the entire issue affresh, afford opportunity of personal hearing to the petitioner, grant permission to file supporting documents, consider the representation and thereafter pass final orders on or before 31.03.2020.

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https://hcservices.ecourts.gov.in/hcservices/

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4.With the above observations, the Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is also closed.

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Sd/-
Assistant Registrar(J)
// True Copy//
Sub Assistant Registrar
vsn
To
1.The District Collector,
Thriurpur Distirct,
Thirupur-641 654
2.The Chairman,
Velayuthampalayam Gr.II Minicipality,
Avinasi Taluk,
Thirupur District
3.The Special Officer,
Velayuthampalayam Gr.II Municipality
Avinasi Taluk,
Thirupur District.
+1cc to Mr.Richard Nilson, Advocate, SR.No.10623.
+1cc to Government Pleader, SR.No.4776.
W.P. No.9659 of 2018
and
W.M.P.No.1157 of 2018
CSR: 13.02.2020

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https://hcservices.ecourts.gov.in/hcservices/

Assembly of God Church, v. The District Collector

Case brief

What is this about?

What did the court decide?

Assembly of God Church, v. The District Collector

Case brief

What is this about?

What did the court decide?

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